If I Have a Student Visa, Can I Apply for an Employment-Based Visa?

 Posted on April 22, 2022 in Immigration

Once foreign students who are studying in the United States are nearing their graduation or the end of their visa time, they may start seeking the opportunity to become fully employed here. Also, if they have desirable skills, employers may seek them out and offer them employment. If you are a foreign national who would like to apply for an Adjustment of Status to your visa based on employment, there are certain requirements that must be met for the application to be approved. Our experienced legal team can help you and your potential employer navigate the process.

Requirements to Adjust Your Visa to Employment-Based Status

In order to be eligible to change from a student visa to work-related visa, there are many requirements that must be met. These include the following:

• You must be physically present here in the United States.
• You must be here on a legal visa, including a student visa or temporary H1B visa.
• Your potential employer must be located in the United States.
• The position being offered must be full-time and on a permanent, not temporary basis.
• You must meet the minimum educational requirements or the vocational requirements of the position.
• The employer must certify with the U.S. Department of Labor that no American workers are qualified or available to fill the position.

If you meet these criteria, your application may go forward. Applicants are prioritized in the following order:

• Priority workers or those with extraordinary ability (EB1);
• Professionals who hold advanced degrees or have exceptional ability (EB2);
• Skilled workers, professionals, and unskilled workers (EB3); and
• Certain Special Immigrants (EB4) - This is a broad category of other subgroups that have preference.

After the application is submitted, you must keep your legal status to stay in the United States. You can apply for an Employment Authorization Document (EAD), which is good for one year and will allow you to stay in the country legally and work for any company while your application is being processed. If you do have to travel outside the United States for reasons including a family emergency, you can apply for Advance Parole, which allows you to leave the country and re-enter without losing your legal status.

Consult With an Illinois Immigration Lawyer

If you are seeking to stay in the United States after your student visa is over through finding legal employment, we are here to help. We can work with you and your employer on the application and make sure all of the complex issues are dealt with successfully. The DuPage County immigration attorneys at Mevorah & Giglio Law Offices have the experience necessary to keep you in the country legally. Call us at 630-932-9100 for a free consultation.